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Act of Sederunt (Rules of the Court of Session Amendment No. 2) (Miscellaneous) 2012

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1.—(1) This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session Amendment No. 2) (Miscellaneous) 2012 and comes into force on 28th May 2012.

(2) A certified copy of this Act of Sederunt is to be inserted in the Books of Sederunt.

(3) In this Act of Sederunt, “the Rules” means the Rules of the Court of Session 1994(1).

Disposals under petition procedure

2.—(1) The Rules are amended in accordance with the following subparagraph.

(2) After rule 14.9 (unopposed petitions), insert—

Disposals in petitions

14.10.(1) The court may make such order to dispose of a petition as it thinks fit, whether or not such order was sought in the petition.

(2) An order referred to in paragraph (1) is any order that could be made if sought in any action or petition..

Actions based on clinical negligence

3.—(1) The Rules are amended in accordance with the following subparagraph.

(2) In rule 43.1A (actions based on clinical negligence)(2), in paragraph (6), for “The” substitute “Rules 43.11 (applications for interim payments of damages)(3), 43.12 (adjustment on final decree)(4) and 43.13 (applications for further damages)(5) shall apply, but the”.

Applications for judicial review

4.—(1) The Rules are amended in accordance with the following subparagraph.

(2) In the Appendix, in Form 58.6 (form of petition in application for judicial review)(6), in paragraph 1, for “, title and interest” substitute “and standing”.

Applications for parental orders under the Human Fertilisation and Embryology Act 2008

5.—(1) The Rules are amended in accordance with the following subparagraph.

(2) In the Appendix, in Form 97.3 (form of petition for parental order under section 54 of the Human Fertilisation and Embryology Act 2008)(7), in paragraph 7, for “other than the female petitioner” substitute “who is not one of the petitioners”.

A.C. HAMILTON

Lord President

I.P.D.

Edinburgh

24th April 2012

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